Brenner v. Coerber

The only point we deem it important to notice, made on this record, is as to the effect of granting the new trial.

The amended record shows, that, at the February Term 1864, a jury was impaneled to try the issues in the cause. The evidence was adduced, to which the defendant put in a demurrer, and the jury was, therefore, discharged.

The demurrer was overruled, and a jury impaneled to assess the damages, and a verdict rendered for one thousand dollars.

A motion for a new trial was allowed, and the cause went over to the March Term, 1865, when a jury was called, and the defendant offered evidence…